How to Avoid Going to Juvenile County

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

There are 14 references cited in this article, which can be found at the bottom of the page.

The “juvenile county” is a place where children or young adults, usually less than 17 or 18 years old, will be sent if they get into trouble or act violently. Some common causes include truancy from school, violent behavior, chronic refusal to obey rules at home or school, stealing and shoplifting, or vandalism. The place goes by different names in different areas – “juvenile county,” “youth detention,” “Juvie,” or some other similar name. But one fact is the same for any of these – you don’t want to go there. First-time offenders in particular may have a good chance of avoiding detention (lock-up) or even an arrest record, but you need to follow some important steps along the way.

Don’t try to run or flee. If a police officer or other official orders you to stop, whether you are on foot or driving, then you must obey that direction. You are not likely to get away if you try to run, and fleeing will only make things worse. Fleeing the scene will make you appear guilty, whether you are or not. You could also create new charges against yourself for resisting arrest. In the worst circumstances, fleeing or resisting could give the police cause to use physical or lethal force against you to make you stop. [1][2]

You could be taken into police custody with formally being arrested. These same recommendations still apply to that procedure.

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Cooperate with authorities at the point of arrest. If you get arrested or taken into custody, you can minimize the trouble you are in by being cooperative. Follow all instructions and be as polite as possible, under the circumstances. It is possible to satisfy the arresting officer that you are not causing trouble. You might be released or at least get turned over to your parents' custody without an arrest.[3]

Show respect to all officials. It is understandable, under the circumstances, to be upset or angry. Even so, you cannot swear, argue or talk back, or you may make the situation worse. If you fight or become physical, you can be charged with assaulting an officer or resisting arrest.[4] On the other hand, if you show respect throughout the arrest or questioning, you may have a better chance when you are in court of getting some alternative treatment.

Do not consent to a search. Unless the police have a search warrant, they are usually not entitled to search you or your belongings. You should say aloud, so that any witnesses who are around will hear you, “I do not consent to a search.” [5] The search may still happen, but this could give your attorney a point to argue in your favor if the matter goes to court.

Limit what you say until your parents or attorney arrive. While it is important for you to cooperate, you need to avoid saying too much. It is best to ask for your parents right away, and wait for them to arrive before talking with the police. In many cases, depending on the severity of the charges against you, it will be a good idea to have an attorney as well. The things that you say may be used against you, so it is often best not to say anything, especially if you are angry or upset.

Ask for a “notice to appear” instead of arrest. If you treat the officer respectfully when he or she stops you, you might be able to ask for a "notice to appear" rather than being arrested. With a "notice to appear," you will not be held in custody and will not have to go to jail immediately, but will get a notice to appear in court at some later date.[6]

Ask about diversion or first-time offender programs. Even if you have not been successful in avoiding the arrest, you still might be able to avoid getting an arrest record. Many court systems have the ability to offer youthful offenders a diversion program. This generally requires participation in some form of counseling or probation, and can keep your record clear of arrest or conviction information. Find out if this is available, and follow through with it until you are cleared. Diversion programs differ from one jurisdiction to another, so you will want to research what is available in your community.[7][8][9]

Offer to do community service. If you do wind up in court before a judge, you (or your attorney) should ask about being assigned community service rather than detention. Community service is unpaid work that you will be assigned to perform within a prescribed time.[10] Community service assignments will vary based on the charge against you. The assignment may be as low as 10 hours or it could be as high as 200 hours.[11] The judge may assign this on his or her own, but you could suggest it.[12]

Agree to enter counseling. Depending on the charge against you, counseling may also be a viable and productive alternative to detention. Many courts recognize that rehabilitation and instruction is more important for juveniles than detention.[13][14] Particularly for crimes that do not involve violence, such as possession or use of drugs or alcohol, counseling for addiction may be an alternative punishment. A typical drug or alcohol counseling program usually requires anywhere from 2-10 sessions with a counselor, and some programs have you do up to 10 hours of online class time. If you do get assigned to a counseling program, make sure that you attend all sessions.

Attend all meetings or court dates. You may be released after your first contact with the police but then receive instructions by mail to appear in court or with a probation program. Be sure to follow all instructions. Attend all meetings on time. Cooperate with the officials in the meetings, answer their questions, and be truthful. To avoid being locked up, you need to show that you have learned your lesson and that you can follow directions. Missing even one meeting date can end your chances in a diversion program.

Follow all instructions. If you are assigned to community service, counseling, probation, or any other alternative program, you need to follow all assignments. Meet with your counselor or probation officer on time. Show up for your community service assignments and get the work done. In many cases, if you do not carry out your assignments, your original charge can be reopened and you can wind up back in court.

Stay out of trouble. If you can keep out of juvenile detention for one incident, the best way to avoid it in the future is not to have another incident. In many jurisdictions, you only get one chance at a diversion program. If you get in trouble again, you may wind up in a juvenile detention facility, and the charges from the first incident may even come back and be added on.

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Tips

Understand that this article provides information that applies generally throughout the country. For specific information about your area, it is important to speak with a local attorney or research the juvenile detention system in your own area.

Remember that being respectful can go a long way to minimizing the trouble you get in. Be respectful to the police, security officer, district attorney, or anyone else you need to deal with during any legal proceedings.

Administrators at your school may be able to give you additional information or may be able to put you in touch with a school resource officer, police officer, or probation officer, if you would like to learn more about the laws and procedures in your particular area.

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.